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2001

Constitutional Law

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Articles 1 - 30 of 418

Full-Text Articles in Law

Editorial, Succession Question Requires Amendment, Randy Lee Dec 2001

Editorial, Succession Question Requires Amendment, Randy Lee

Randy Lee

No abstract provided.


Department Of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Dec. 6, 2001 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal Dec 2001

Department Of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Dec. 6, 2001 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.


Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc Dec 2001

Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc

American University Law Review

No abstract provided.


Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy Dec 2001

Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy

American University Law Review

No abstract provided.


Precedent And Judicial Power After The Founding, Polly J. Price Dec 2001

Precedent And Judicial Power After The Founding, Polly J. Price

Boston College Law Review

A recent decision by a panel of the Court of Appeals for the Eighth Circuit enlivened the controversy over court rules that prevent citation to unpublished opinions when it held that the Circuit's noncitation rule violates Article III of the United States Constitution. This Article affirms the view that judicial power includes a doctrine of precedent, without relying solely upon an originalist interpretation of ArticleIII. This approach identifies a consistent "core idea" of precedent that courts must consider how a similar case was decided in the past, even where there are varying ideas about the binding nature of that ...


Speech Or Not: Applying Election Law Strict Scrutiny To Campaign Finance Regulations, Michael Marcucci Dec 2001

Speech Or Not: Applying Election Law Strict Scrutiny To Campaign Finance Regulations, Michael Marcucci

Boston College Law Review

This Note will argue that even if money is not speech for First Amendment purposes, campaign contributions and expenditures are still crucial elements of the electoral process and ought to receive some constitutional protection. The United States Supreme Court has in its own election law jurisprudence the analytical tools required to strike a proper balance between the constitutional necessity of a free electoral system and the need to keep elections fair, open, honest and free from corruption. This Note will argue that under the Elections Clause and Qualifications Clause of the United States Constitution, Congress has neither plenary power to ...


The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet Dec 2001

The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet

University of Michigan Journal of Law Reform

Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court's evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers' understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power ...


Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein Dec 2001

Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein

University of Michigan Journal of Law Reform

This Article examines the difficulties involved in translating the social model of disability into the idiom of constitutional law. The immediate focus is University of Alabama v. Garrett. Both parts of this Article consider how disability rights claims collide with a discourse of legitimacy in constitutional law. Part I focuses on the arguments presented in several major Briefs filed in support of Garrett. Constitutional doctrines are conceived as paring tools and it is shown how the Court used these doctrines to easily pare down the body of evidence Garrett's lawyers sought to claim as relevant in justifying the ADA ...


The Pathological Politics Of Criminal Law, William J. Stuntz Dec 2001

The Pathological Politics Of Criminal Law, William J. Stuntz

Michigan Law Review

Substantive criminal law defines the conduct that the state punishes. Or does it? If the answer is yes, it should be possible, by reading criminal codes (perhaps with a few case annotations thrown in), to tell what conduct will land you in prison. Most discussions of criminal law, whether in law reviews, law school classrooms, or the popular press, proceed on the premise that the answer is yes. Law reform movements regularly seek to broaden or narrow the scope of some set of criminal liability rules, always on the assumption that by doing so they will broaden or narrow the ...


Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman Dec 2001

Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman

William & Mary Bill of Rights Journal

No abstract provided.


The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little Dec 2001

The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little

William & Mary Bill of Rights Journal

No abstract provided.


Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber Dec 2001

Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber

William & Mary Bill of Rights Journal

Michael Gerhardt's latest book, The Federal Appointments Process, examines historically both the politics and procedures employed by the president and Congress in selecting, and ultimately appointing, judicial nominees. In this book review, Professor Christopher Eisgruber focuses on some of Gerhardt's most salient observations and illustrates the degree to which the historical trends Gerhardt describes impact current appointment practices.


Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova Dec 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova

William & Mary Bill of Rights Journal

No abstract provided.


The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning Dec 2001

The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning

William & Mary Bill of Rights Journal

No abstract provided.


The Bush Administration And Appeals Court Nominees, Carl Tobias Dec 2001

The Bush Administration And Appeals Court Nominees, Carl Tobias

William & Mary Bill of Rights Journal

No abstract provided.


The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross Dec 2001

The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross

William & Mary Bill of Rights Journal

No abstract provided.


Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh Dec 2001

Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh

William & Mary Bill of Rights Journal

The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Nov 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Defending The Damned: The Trial Representation Of Timothy Mcveigh, Randall Coyne Nov 2001

Defending The Damned: The Trial Representation Of Timothy Mcveigh, Randall Coyne

Randall Coyne

No abstract provided.


Death Penalty And Terrorism Debate, Randall Coyne Nov 2001

Death Penalty And Terrorism Debate, Randall Coyne

Randall Coyne

No abstract provided.


The Mcveigh Defense Team, Randall Coyne Nov 2001

The Mcveigh Defense Team, Randall Coyne

Randall Coyne

No abstract provided.


Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer Nov 2001

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer

Cornell Law Faculty Publications

In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs ...


The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel Nov 2001

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

Scholarly Works

Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause ...


A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan Nov 2001

A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan

Michigan Law Review

Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the ...


The Limits Of Localism, Richard C. Schragger Nov 2001

The Limits Of Localism, Richard C. Schragger

Michigan Law Review

In Chicago v. Morales, the Supreme Court struck down Chicago's Gang Congregation Ordinance, which barred "criminal street gang members from loitering with one another or with other persons in any public place." The stated purpose of the ordinance was to wrest control of public areas from gang members who, simply by their presence, intimidated the public and established control over identifiable areas of the city, namely certain inner-city streets, sidewalks, and corners. The ordinance required that police officers determine whether at least one of two or more persons present in a public place were members of a criminal street ...


Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson Oct 2001

Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson

Darren L Hutchinson

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay lesbian, bisexual, and transgender individuals.


Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield Oct 2001

Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield

Kent Greenfield

This paper argues that a remaining vestige of the ultra vires doctrine sets off illegal activities as "beyond the power" of corporations. Though largely unnoticed and unexamined until now, this part of the doctrine has been retained because none of the important corporate stakeholders has an interest in authorizing the corporation and its managers to commit illegal acts. From an ex ante perspective, the principal stakeholders in the corporate contract would want the corporation and its management to forego illegalities as a way to increase the value of the firm. Any of the stakeholders would be a potential victim of ...


La Bioética En Las Constituciones Del Mundo (Máxima Protección Al Ser Humano Que Deberá Ofrecer La Constitución Política Del Perú, Enrique Varsi Oct 2001

La Bioética En Las Constituciones Del Mundo (Máxima Protección Al Ser Humano Que Deberá Ofrecer La Constitución Política Del Perú, Enrique Varsi

Enrique Varsi Rospigliosi

No abstract provided.


The Death Penalty As A Policy In Oklahoma And The Nation, Randall Coyne Oct 2001

The Death Penalty As A Policy In Oklahoma And The Nation, Randall Coyne

Randall Coyne

No abstract provided.